Commonwealth Consolidated Regulations

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION REGULATIONS 2001

- made under the Australian Securities and Investments Commission Act 2001 and the Corporations Act 2001

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Name of Regulations  
   2.      Definitions  
   2A.     Territorial application of Act  
   2AC.    Professional accounting bodies  
   2B.     Financial products: credit facility  
   2BA.    Declared financial product  
   2BB.    Specific things that are not financial products--Australian carbon credit units and eligible international emissions units  
   2BC.    Specific things that are not financial products--certain tradeable water rights  
   2BD.    Specific things that are not financial products--guarantees issued by the NHFIC  
   2C.     Meaning of financial service-- off - market offers for financial products  
   2D.     Circumstances in which a person is taken to be provided a traditional trustee company service  
   2DA.    Prescribed amount--acquiring financial services as a consumer  
   2E.     Prescribed requirements for definition of assert a right to payment  
   2F.     Prescribed requirements for warning statements  

   PART 2--GENERAL

   3A.     Professional standards schemes  
   3B.     Deferred sales for add - on insurance products--when consumer enters into a commitment  
   3.      Prescribed agencies (Act s 18(2)(d))  
   4.      Form of notice requiring assistance and appearance for examination  
   5.      Notice to produce books  
   6.      Evidence of authority  
   7.      Summons to witnesses to appear before Commission  
   8.      Allowances and expenses payable to examinees and witnesses  
   8AAAA.  Delegation  
   8AA.    Prescribed professional disciplinary and other bodies  
   8AB.    Commission may disclose confidential information to certain bodies corporate  
   8AC.    Commission may disclose confidential information to specified bodies or entities  
   8AAA.   Annual reports  
   11.     Summons to witnesses to appear before Disciplinary Board  
   12.     Allowances and expenses payable for attendance at hearings of Disciplinary Board  

   PART 2A--DEFERRED--SALES MODEL EXEMPTIONS

   12A.    Definitions  
   12B.    Deferred sales model exemptions  
   12C.    Meaning of add - on comprehensive motor vehicle or vessel insurance product  
   12D.    Meaning of add - on compulsory third party motor vehicle insurance product  
   12E.    Meaning of add - on home and contents insurance product  
   12F.    Meaning of add - on home building insurance product  
   12G.    Meaning of add - on landlord insurance product  
   12H.    Meaning of add - on limited motor vehicle or vessel insurance product  
   12J.    Meaning of add - on transport and delivery insurance product  
   12K.    Meaning of add - on travel insurance product  
   12L.    Meaning of business - related add - on insurance product  
   12M.    Meaning of superannuation - related add - on insurance product  

   PART 2B--FINANCIAL--SERVICES AND CREDIT PANELS

   12N.    Circumstances in which ASIC must convene a Financial Services and Credit Panel  
   12P.    Allowances and expenses payable for attendance at hearings of a Financial Services and Credit Panel  

   PART 3--TAKEOVERS--PANEL PROCEDURES

           Division 1--Preliminary

   13.     Objects of this Part  
   14.     Application of this Part  
   15.     Definitions for Part 3  
   16.     Powers of Takeovers Panel  

           Division 2--Applications

   18.     Reference of matters to the Commission by the Takeovers Panel  
   19.     Making of applications  
   20.     Consideration of applications  

           Division 3--Decisions to conduct proceedings

   21.     Notice of decision  
   22.     Decision to hold inquiry  

           Division 4--Submissions

   23.     Expressions of interest by non - parties  
   24.     Takeovers Panel may accept submissions from persons expressing interest  
   25.     Submissions  
   26.     Disregard of certain submissions  
   27.     Abuse of Takeovers Panel procedures to be noted  
   28.     Lodgment and distribution of submissions  
   30.     Takeovers Panel may invite further submissions  
   34.     Submissions that are not lodged in time  

           Division 5--Conferences

   35.     Purpose of conferences  
   37.     Conduct of conferences  
   38.     Procedures at conferences  
   39.     Addresses to the Takeovers Panel at conferences  
   40.     Witnesses  
   41.     Misbehaviour at conferences  

           Division 6--Other matters

   42.     Summons to witnesses by the Takeovers Panel  
   43.     Allowances and expenses payable for attendances  

   PART 5--CLEARING--AND SETTLEMENT FACILITIES

   45.     Meaning of clearing and settlement facility  
   46.     Conduct that does not constitute operating a clearing and settlement facility  
   47.     Financial transaction reports  

   PART 6--APPLICATION--AND TRANSITIONAL PROVISIONS

           Division 1--Application of amendments made by the Treasury Laws Amendment (Acquisition as Consumer--Financial Thresholds) Regulations 2020

   48.     Application--prescribed amount for acquiring financial services as a consumer  

           Division 2--Transitional matters relating to the Treasury Laws Amendment (Disclosure of Information to Fraud Fusion Taskforce) Regulations 2023

   49.     Disclosure of information to the Fraud Fusion Taskforce  
           SCHEDULE 1 Forms
           SCHEDULE 2 Witnesses fees and allowances for expenses
           SCHEDULE 3 Bodies corporate to which information may be disclosed